One word explains why the Supreme Court allowed the Center for Medicare and Medicaid Services to require the staff of twenty-one types of Medicare and Medicaid healthcare providers to be fully vaccinated (the “CMS Mandate“), while it stayed the OSHA vaccine-or-test mandate. That word is knockwurst “Congress.” OSHA could not issue its…
As fast and mercurial as HR compliance has been in the age of COVID-19, we hit hyperdrive in the past few months. The headliner was the OSHA vaccine-or-test mandate that surfaced in November, only to be stayed, then unstayed, and then stayed again at the Supreme Court last week. The…
Photo by Mr. Kjetil Ree., CC BY-SA 3.0, via Wikimedia Commons Yesterday was an “opinion day” at the Supreme Court. And, at 10 AM, as expected, the Supreme Court issued an opinion. Unfortunately, it wasn’t in the OSHA vax-or-test Emergency Temporary Standard (ETS) case. But, surprise, surprise! At about 2:45…
Waiting (im)patiently until 10 am for this Supreme Court OSHA vax-or-test mandate ruling like… Perhaps, I’ll be back later today with a second blog post.
via GIPHY Eventually **clicks refresh again on the Supreme Court’s website**, yes, eventually, the Supreme Court is going to decide whether to stay OSHA’s vax-or-test mandate a/k/a the Emergency Temporary Standard a/k/a the ETS. If the Supreme Court enters a stay, that means the ETS is dead, right? Well, maybe…
dronepicr, CC BY 2.0, via Wikimedia Commons We still don’t know **clicks refresh on the Supreme Court’s website** whether the OSHA vax-or-test mandate will survive Supreme Court scrutiny. But, in the meantime, the Biden Administration announced some big news yesterday about at-home COVID-19 tests. Starting on Saturday, January 15, 2022,…
Roman Oleinik, CC BY-SA 3.0, via Wikimedia Commons If this isn’t karma, friends, I don’t know what is. Hold for a sec. Before blogging about the height of passive-aggressive behavior backfiring, let me click “refresh” on the Supreme Court’s website to see if we have a decision in the OSHA…
As a younger lawyer, I once told a client — right before an age discrimination trial — that winning the case would be like sinking a two-foot putt. I nearly choked on those words when, during deliberations, the jury asked the judge how unemployment compensation should factor into an award…
A little over five years ago, TikTok, the social networking platform where users post videos ranging in length from 15 seconds to three minutes, was born. Now, I know that it’s hard to keep up with technology. But if your employee handbook doesn’t specifically reference TikTok — and I’m not…
In an unintentionally-pervy post a few days ago, I told you that the CDC was considering amending its COVID-19 isolation guidance for asymptomatic individuals (and those with resolving symptoms) to include testing. That change did follow. Except, here’s the thing. You can test if you want to. Or you can…